Liechtenstein

Liechtenstein is a constitutional monarchy with an elected parliament, landlocked between Switzerland and Austria.

The estimated population is 38,200 in 2021.[ref]https://www.worldometers.info/world-population/liechtenstein-population/#:~:text=The%20current%20population%20of%20Liechtenstein,of%20the%20total%20world%20population[/ref] According to the 2015 census, 73.4% of the population of Liechtenstein is Catholic, 6.3% is Protestant and 5.9% is Muslim.[ref]state.gov/documents/organization/281170.pdf
[/ref] World Atlas records in 2019 report that the religious demographics are 75.9% Roman Catholic, 8.5% Protestant, 5.4% Muslims, 5.4% Atheists, 1.1% Orthodox Christian, and 3.7% Unspecified.[ref]https://www.worldatlas.com/articles/religious-beliefs-in-liechtenstein.html[/ref] Other figures suggest that atheism has doubled in recent years.[ref]https://www.worldatlas.com/articles/religious-beliefs-in-liechtenstein.html[/ref] Records also indicate that both Atheists and Muslims have doubled in number over the last 20 years.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/; https://www.worldatlas.com/articles/religious-beliefs-in-liechtenstein.html[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

The Constitution[ref]https://www.constituteproject.org/constitution/Liechtenstein_2011.pdf?lang=en[/ref] and other laws and policies protect freedom of thought, conscience and religion, as well as freedom of opinion and expression. Article 37 (1) of the Constitution guarantees freedoms of belief & conscience for all persons as well as stating the Roman Catholic Church as being the country’s official religion. Article 39 guarantees that civil and political rights are not dependent on religious belief. Article 40 guarantees freedom of expression & opinion. Article 41 guarantees the right of free association. However, in Article 37 (1) the Constitution establishes the Catholic Church as the “National Church” of Liechtenstein.

The Constitution and other laws and policies protect freedom of religion or belief, as stated above, the Constitution guarantees these rights in Articles 37 (1), 39, 40 & 41. The Criminal Code[ref]https://www.legislationline.org/download/id/9572/file/LICH_CC_eng.pdf[/ref] prohibits any form of discrimination against or debasement of any religion or its adherents. However, according to Article 37 (1) of the Constitution, Roman Catholicism is the state religion “with full protection from the state.” As such, it receives higher government subsidies than other religious organization, holds a guaranteed role in education and religious teaching in schools, and has a voice in the political and legal decision-making process.[ref]https://www.refworld.org/docid/519dd4b08f.html[/ref] As of 2019, according to a report by LHRA (Liechtenstein Human Rights Association), no further steps were being made to separate Church from State.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref]

Liechtenstein has one of the most politically powerful unelected monarchs in Europe. The Government is appointed by the reigning Prince, following a proposal by Parliament, and is a collegial body consisting of a Prime Minister and 4 Ministers. It reports to Parliament and the reigning Prince, who is also the Head of State.[ref]https://www.regierung.li/default.aspx?lang=en[/ref] The prince, as hereditary Head of State, has the power to appoint the Prime Minister on recommendation of Parliament, to veto legislation and the outcome of national referendums, as well as to nominate judges, dismiss the government, and dissolve the parliament.[ref]https://freedomhouse.org/report/freedom-world/2018/liechtenstein[/ref]

Religious funding

The government gives money not only to the Catholic Church, but also to other denominations. Catholic and Protestant churches receive regular annual contributions from the government in proportion to membership as determined in the 2000 census; smaller religious groups are eligible to apply for grants for associations of foreigners or specific projects.[ref]https://www.refworld.org/docid/4cf2d086c.html[/ref]

Education and children’s rights

The Child Rights Law[ref]https://www.llv.li/files/aaa/lanzarote-goq-liechtenstein-2016-en.pdf[/ref] requires religious education in both private and public school curriculums. The curriculum is written by the Catholic Church. Catholic or Protestant Reformed religious education is compulsory in all primary schools, but exemptions are routinely granted.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref] Children may apply for exemption but have to take “Ethics and Religion” as a subject instead.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref] In secondary school pupils may choose between Catholic Religious Education or a general course in Religion and Culture, taught from a sociological perspective.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref] Since its introduction in 2003, 90 percent of Catholic pupils have chosen the non-confessional subject.[ref]https://www.refworld.org/docid/4cf2d086c.html[/ref] The organization and finance of Islamic Education is allowed as an elective subject in public primary schools.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref] Islamic religious classes have been introduced in some primary schools since 2008. The curriculum for Catholic confessional education is determined by the Roman Catholic Church with only a minor complementary supervisory role by the municipalities.[ref]https://www.countryreports.org/country/Liechtenstein/religion.htm[/ref]

Laws regarding the exploitation of minors

The sentence for sexual exploitation of minors/statutory rape is 1 to 10 years imprisonment.[ref]https://www.state.gov/wp-content/uploads/2019/03/LIECHTENSTEIN-2018-HUMAN-RIGHTS-REPORT.pdf[/ref] In 2018 there were 5 cases of sexual exploitation reported by the National Police.[ref]https://www.state.gov/wp-content/uploads/2019/03/LIECHTENSTEIN-2018-HUMAN-RIGHTS-REPORT.pdf[/ref] In Liechtenstein, the age of consent is 14 and the legal marriage age is 18.[ref]https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/liechtenstein/[/ref] Possession/distribution of child porn is punishable by imprisonment of up to 3 years.[ref]https://www.ohchr.org/Documents/HRBodies/CRC/StudyViolenceChildren/Responses/Liechtenstein.pdf[/ref] The ABGB or Civil Code provisions protecting child rights and allows courts to hear the child before a case involving them, if it is appropriate, or alternatively to speak to a member of Social Services.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref]

Family, community and society

It is illegal to refuse service, or membership of any association, for a person based on his or her “religious affiliation”.[ref]https://www.state.gov/documents/organization/269078.pdf[/ref]

Abortion

Section 96 of the Liechtenstein Penal Code[ref]https://www.legislationline.org/documents/section/criminal-codes/country/18/Liechtenstein/show[/ref] bans abortion under all circumstances except if there is risk to life or serious harm to health of the pregnant woman or “if she was unmarried and not yet 14 years of age at the time of conception (provided the procedure is performed by a physician)”.[ref]http://www.loc.gov/law/foreign-news/article/liechtenstein-no-to-legalized-abortion/[/ref] Other abortions carried out by a physician with the consent of the pregnant woman are therefore unlawful, and are punishable by up to one year of imprisonment for both physician and patient.[ref]http://www.un.org/esa/population/publications/abortion/profiles.htm[/ref]

On 18 September 2011, the “Help Instead of Punishment” referendum to legalize abortion in the first 12 weeks of pregnancy, or in case the child would be severely disabled, was narrowly defeated (52.3 percent of the electorate voted for the status quo).[ref]https://www.loc.gov/item/global-legal-monitor/2011-09-27/liechtenstein-no-to-legalized-abortion/[/ref] A second attempt in 2011/2012 was also defeated.[ref]https://www.refworld.org/docid/4fe81a30a.html[/ref] In a speech delivered the month prior, Prince Alois, as acting Head of State, had indicated his opposition to the law and threatened to veto the decriminalization proposal in case it passed.[ref]https://www.loc.gov/item/global-legal-monitor/2011-09-27/liechtenstein-no-to-legalized-abortion/[/ref]

LGBTI+ rights

Same-sex registered partnerships were passed by the parliament in March 2011.[ref]https://ballotpedia.org/Liechtenstein_Same-Sex_Marriage_Referendum_(2011)#:~:text=In%20March%202011%2C%20the%20Liechtenstein,be%20implemented%20in%20September%202011.[/ref] The law was to take effect on 1 September 2011, unless a referendum took place. The Vox Populi collected enough signatures to hold a referendum, which took place in June 2011.[ref]https://ballotpedia.org/Liechtenstein_Same-Sex_Marriage_Referendum_(2011)#:~:text=In%20March%202011%2C%20the%20Liechtenstein,be%20implemented%20in%20September%202011.[/ref] Voters approved the law (68.8 percent) and it went into effect on 1 September 2011.[ref]https://www.vaterland.li/importe/altdaten/vermischtes/Partnerschaftsgesetz-Doch-noch-Widerstand;art477,73556[/ref]

However, same-sex couples are not allowed to make joint adoptions.[ref]https://www.vaterland.li/liechtenstein/politik/lukas-und-dario-wollten-heiraten-duerfen-aber-nicht;art169,406563[/ref] Prince Hans-Adam II has publicly espoused his opposition to adoption rights for same-sex couples, as recently as February 2021.[ref]https://gaynation.co/prince-of-liechtenstein-gays-can-get-married-but-they-cant-adopt/[/ref]

Ethnic and religious discrimination

According to the US Office of International Religious Freedom in 2020,[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/liechtenstein/[/ref] the Islamic community are still unable to get permission for a cemetery or to build Mosques or additional prayer rooms. As such, there is only 1 prayer room in the country.[ref]https://www.equaldex.com/region/liechtenstein[/ref] According to the Liechtenstein Institute, Muslims often face difficulties in renting prayer facilities due to social discrimination, as well as discrimination in the labor market.[ref]https://www.state.gov/documents/organization/281170.pdf[/ref]

Freedom of expression, advocacy of humanist values

The Constitution guarantees freedoms of expression and the media, and these freedoms are respected in practice.[ref]https://freedomhouse.org/country/liechtenstein/freedom-world/2020[/ref] Freedoms of assembly and association are also protected and respected in practice.[ref]https://freedomhouse.org/country/liechtenstein/freedom-world/2020[/ref] The government has cooperated with Humanist organizations and the United Nations High Commissioner For Refugees, to establish a system for refugee assistance and protection.[ref]https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/liechtenstein/[/ref] Section 8 of the Liechtenstein Criminal Code prescribes criminal penalties for public incitement to hatred towards a religious group, religious discrimination, or – more worryingly – the “debasement” of any religion by spoken, written, visual, or electronic means.[ref]https://www.state.gov/report/custom/b4f3707ac7/[/ref] However there is no evidence that this last provision could be used in the absence of incitement to hatred and therefore does not function as a quasi-blasphemy law.

Denial, trivialization, and justification of genocide and other crimes against humanity are also prohibited according to the Liechtenstein Criminal Code. Penalties according to the Criminal Code state that these may include a prison sentence of up to two years.